The employee's employment was terminated without cause after approximately nine months of service. She had held a senior software sales position, was 35 years old and earned a base salary of $60,000 with target earnings of $100,000 inclusive of commissions.

The BC Court of Appeal upheld the trial judge's award of a five month notice period, finding that it was not unreasonable given that it took the employee nine months to secure new employment.

However, in a statement that will bring comfort to employers, Madam Justice Huddart also stated that: read more »

Termination was effected pursuant to a 60-day notice provision in an agreement between La-Z-Boy and Gordon Braiden Sales Inc., a corporation owned by Braiden. The agreement expressly stated that Braiden was an "independent contractor".

The trial judge ruled that:

given the extent of La-Z-Boy's control over Braiden's functions and activities, an employer/employee relationship existed between La-Z-Boy and Braiden.

the 60-day notice provision in the agreement was null and void.

the reasonable notice period was 20 months, in light of Braiden's age (53) and years of service to La-Z-Boy.